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HomeMy WebLinkAboutStaff ReportItems #4F: City of Meridian (Pecchenino) (AZ-10-004) Application(s): - Annexation Size of property, existing zoning, and location: The site consists of one acre, is currently zoned RUT, and is located on the west side of Ten Mile Road at 1955 W. Ten Mile Road. Adjacent Land Use & Zoning: Surrounding properties are all zoned R-4. Summary of Request: The Meridian Public Works Department requests approval to annex and zone one (1) acre of land from the RUT zoning district in Ada County to the R-4 district in the City. The purpose of the annexation is to provide city services to the subject property which are necessitated by the City's water reuse infrastructure project. A contractual agreement on the terms and costs of the service installation between the City and the owner will be prepared in place of a development agreement. The property owner has consented to the annexation and has granted permission to the City to act on their behalf in respect to the annexation application. There is no development proposed with the annexation. Future development will be subject to the development standards of the UDC in effect at the time of development. Currently, the property owner is storing recreational vehicles on the property. Initially staff believed this property was being used an accessory outdoor storage facility. After speaking to the owner of the property, this is not the case and the additional RV's are being stored for friends. However the UDC still requires the RV's to be screened a 6-foot solid fence. The Public Works Department has agreed to coordinate with the property owner for the construction of the new fencing along the eastern and northern boundary. Staff anticipates the new fencing to be in place in conjunction with the home being hooked-up to city services. Thus, Staff is recommending the Planning and Zoning Commission modify condition 1.1.4 as follows: 1) strike the first sentence and; 2) change the second sentence to state the recreational vehicles on the property shall be screened in accord with UDC 11- 3C-4A.2. Comprehensive Plan DesignationlCompliance wlComp Plan? Medium density residential -Yes Compliance with UDC? Yes Written Testimony: Treasea Pecchenino has provided testimony on the application which explains the nature of the RV storage on the property. Staff Recommendation: Approval with a modification to the staff report. Notes: STAFF REPORT HEARING DATE: January 6, 2011 E IDIAN~ TO: Planning & Zoning Commission I D A H O FROM: Bill Parsons, Associate City Planner 208-884-5533 SUBJECT: AZ-10-004 - Pecchenino I. SUMMARY DESCRIPTION OF APPLICANT'S REQUEST The City of Meridian Public Works Department has applied for annexation and zoning (AZ) of one (1) acre of land from the RUT (Rural Urban Transition) zoning district in Ada County to the R-4 (Medium Low-Density Residential) zoning district in the City. II. SUMMARY RECOMMENDATION Staff recommends approval of the proposed AZ based on the Findings of Fact and Conclusions of Law in Exhibit D of the Staff Report. III. PROPOSED MOTION Approval After considering all staff, applicant and public testimony, I move to recommend approval to City Council of File Number AZ-10-004 as presented during the hearing on January 6, 2011, with the following modifications: (Add any proposed modifications.) Denial After considering all staff, applicant and public testimony, I move to recommend denial to city Council of File Number AZ-10-004 as presented during the hearing on January 6, 2011, for the following reasons: (You should state specific reasons for denial.) Continuance I move to continue File Number AZ-10-004 to the hearing date of (insert continued hearing date here) for the following reason(s): (You should state specific reason(s) for continuance.) IV. APPLICATION AND PROPERTY FACTS A. Site Address/Location: Parcel No. S 1203449012 1955 N. Ten Mile Road; located in the southeast'/ of Section 3, Township 3 North, Range 1 West B. Owner(s): Mike and Treasea Pecchenino 1955 N. Ten Mile Road Meridian, ID 83646 C. Applicant: City of Meridian Public Works Department 33 E. Broadway Avenue Meridian, ID 83642 Pecchenino Annexation - AZ-10-004 PAGE 1 D. Representative: City of Meridian Planning Department 33 E. Broadway Avenue Meridian, ID 83642 E. Applicant's Statement/Justification: Please see applicant's narrative for this information. V. PROCESS FACTS A. The subject application is for an annexation and zoning request. A public hearing is required before the Planning & Zoning Commission and City Council on this matter, consistent with Meridian City Code Title 11, Chapter 5. B. Newspaper notifications published on: December 20, 2010 and January 3, 2011 (Commission); C. Radius notices mailed to properties within 300 feet on: December 9, 2010 (Commission); D. Applicant posted notice on site by: December 27, 2010 (Commission); VI. LAND USE A. Existing Land Use(s): The subject property is currently developed with a single family residence and accessory buildings. B. Character of Surrounding Area and Adjacent Land Use and Zoning: This site is surrounded by residential property, zoned R-4. C. History of Previous Actions: NA D. Utilities: 1. Public Works: a. Location of sewer: Services are available from W Hatch Ct. b. Location of water: Services are available from N Ten Mile Road. c. Issues or concerns: None E. Physical Features: 1. Canals/Ditches Irrigation: NA 2. Hazards: Staff is not aware of any hazards that exist on this property. 3. Flood Plain: NA F. Access: The existing residence takes access from N. Ten Mile Road and has access to W. Hatch Court. VII. COMPREHENSIVE PLAN POLICIES AND GOALS The subject property is designated as "Medium Density Residential" on the Comprehensive Plan Future Land Use Map. Medium density residential areas are anticipated to contain three to eight dwelling units per acre (see Page 99 of the Comprehensive Plan). The applicant is requesting an R-4 zoning designation with the annexation of this property. Currently the property is developed with one single family residence. At this time, there are no plans for developing the property. The annexation request is necessary to facilitate the extension of city services to the property. Since the property is developed with a single family residence; this use and the proposed R-4 zone is consistent with the comprehensive plan. Pecchenino Annexation - AZ-10-004 PAGE 2 Staff finds the following Comprehensive Plan policies to be applicable to this property and apply to the proposed use (staff analysis in italics): • Chapter VII, Goal III, Objective A, Action 1 -Require that development projects have planned for the provision of all public services. When the City established its Area of City Impact, it planned to provide City services to the subject property. The City of Meridian currently provides municipal services to the subject property in the following manner: • Sanitary sewer and water service will be extended to the existing residence. • The subject lands currently lie within the jurisdiction of the Meridian Rural Fire District. Once annexed the lands will be under the jurisdiction of the Meridian City Fire Department, who currently shares resource and personnel with the Meridian Rural Fire Department. • The subject lands currently lie within the jurisdiction of the Ada County Sheriff's Office. Once annexed, the lands will be serviced by the Meridian Police Department (MPD). • The roadways adjacent to the subject lands are currently owned and maintained by the Ada County Highway District (ACHD). This service will not change. • The subject lands are currently serviced by the Meridian School District No. 2. This service will not change. Municipal, fee-supported, services will continue to be provided by the Meridian Building Department, the Meridian Public Works Department, the Meridian Water Department, the Meridian Wastewater Department, the Meridian Planning Department, Meridian Utility Billing Services, and Sanitary Services Company. • Chapter VII, Goal N, Objective D, Action 2 (page 114) -Restrict curb cuts and access points on collectors and arterial streets. The existing residence has access from two different streets. The driveway for the residence fronts along Ten Mile Road and serves as the main access to the residence. A secondary access is provided from W. Hatch Court (a local street); a cul-de-sac located at the northwest corner of the property which allows access to the rear of the property. The UDC requires access to be taken from a local street if one is provided. At this time additional development is not proposed for the property and intensity of the use of the site is not proposed to change. The annexation request is merely to extended city services to the property to allow the city to move forward with expanding the water reuse line in front of this property down to the new interchange. If future development is planned for the property, access to N. Ten Mile Road should be restricted and the future access to the property should be from W. Hatch Court. VIII. UNIFIED DEVELOPMENT CODE A. The applicant is requesting an R-4 zoning district for the property. The purpose of the residential districts is to provide for a range of housing opportunities consistent with the Meridian Comprehensive Plan. Connection to the City of Meridian water and sewer systems is a requirement for all residential districts. Residential districts are distinguished by the allowable density of dwelling units per acre and corresponding housing types that can be accommodated within the density range. B. Zoning Schedule of Use Control: UDC 11-2A-2 lists single-family dwellings as principal permitted uses in the R-4 zoning district. C. Dimensional Standards: Any new construction or building expansions comply with the dimensional standards listed in UDC Table 11-2A-2 for the proposed R-4 zoning district. Pecchenino Annexation - AZ-10-004 PAGE 3 IX. ANALYSIS A. Analysis of Facts Leading to Staff Recommendation: The Public Works Department requests approval to annex and zone one (1) acre of land from the RUT zoning district in Ada County to the R-4 district in the City. The purpose of the annexation is to provide city services to the subject property which are necessitated by the City's water reuse infrastructure project. Specifically, the reuse water main is planned to be installed in front of this property down to the new Ten Mile interchange. While in the planning stages of the project, it was determined by the Department of Environmental Quality that there is an inadequate separation between the reuse water main and the property owner's domestic well thus necessitating the need to provide city services to the property. The City has agreed to initiate the annexation and pay for the service hook ups. A contractual agreement on the terms and costs of the service installation between the City and the owner will be prepared in place of a development agreement. The property owner has consented to the annexation and has granted permission to the City to act on their behalf in respect to the annexation application. At this time, there is no development proposed with the annexation. Future development will be subject to the development standards of the UDC in effect at the time of development. Currently, a number of recreational vehicles are being stored on the property which appears to be a RV storage facility (accessory outdoor storage). In order to facilitate the outdoor storage, the property owner would first need to be annexed in to the city and then follow-up with a certificate of zoning compliance (CZC). In addition, the accessory outdoor storage would have to comply with the specific use standards in accord with UDC 11-4-3-33. After speaking with the property owner, it was not his intent to have accessory outdoor storage on the site. Thus, any recreational vehicles that are not under the ownership of the property owner should be removed from the property. In addition, any recreational vehicle owned by the property owner is required to be screened by a 6-foot solid fence as set forth in UDC 11-3C-4A.2. The existing fencing on the property is 4-foot chain link. Staff is of the opinion that proper fencing should be erected to adequately screen the recreational vehicle. Said fencing should replace the existing 4-foot chain link fence the runs from the north side of the existing residence and terminate at the northern property boundary. The Public Works Department has agreed to coordinate with the property owner for the construction of the new fencing. Staff anticipates the new fencing to be in place in conjunction with the home being hooked-up to city services. Staff finds zoning this property R-4 and providing city service connection is consistent with both the Comprehensive plan and the Unified Development Code. X. EXHIBITS A. Drawings 1. Vicinity/Zoning Map & Aerial Map B. Agency Comments 1. Planning Department 2. Public Works Department 3. Fire Department Pecchenino Annexation - AZ-10-004 PAGE 4 4. Police Department 5. Sanitary Service Company 6. Ada County Highway District 7. Parks Department C. Legal Description and Exhibit Map D. Required Findings from Unified Development Code Pecchenino Annexation - AZ-10-004 PAGE 5 Exhibit A.1: Vicinity/Zoning Map & Aerial Map Exhibit A B. Agency Comments 1. PLANNING DEPARTMENT 1.1 The legal description for the proposed annexation submitted with the application (prepared on November 17, 2010, by Glenn K. Bennett, PLS) shows the property within the existing corporate boundary of the City of Meridian (see Exhibit C). 1.2 All future development of the subject property shall comply with City of Meridian ordinances in effect at the time of development. 1.3 Development of the subject property shall comply with the R-4 standards listed in UDC 11- 2A-5. The uses allowed pursuant to this agreement are those uses allowed in the R-4 zoning district listed in UDC Table 11-2A-2. 1.4 No additional RV's shall be allowed on the property and those present shall removed from the property within six (6) months of the adoption of the annexation ordinance. The owner's personal recreational vehicle shall be screened by a 6-foot solid fence in accord with UDC 11-3C-4A.2. 1.5 Future redevelopment of the site or replacement of the existing structure shall cause access for this site to be from W. Hatch Court, unless waived by City Council. 2. PUBLIC WORKS DEPARTMENT 2.1 The applicant will be responsible for all costs involved with the extension of sewer and water service to the subject parcels. 3. FIRE DEPARTMENT 3.1 The Fire Department has no comments related to this application. 4. POLICE DEPARTMENT 4.1 The Police Department has no comments related to this application. 5. SANITARY SERVICES 5.1 SSC has no comments related to this application. 6. ADA COUNTY HIGHWAY DISTRICT 6.1 ACHD comments on this application are forthcoming. 7. PARKS DEPARTMENT 7.1 The Parks Department has no comments related to this application. Exhibit B C. Legal Description and Exhibit Map ANNF,XATION DESCRIPTION FOR THE CITY OF MCRIDIAN 1955 NORTH TEN MILE PARCEL A parcel located in the SE ~ of the SE % of Section 3, Township 3 North, Range 1 West, Boise Meridian, Ada County, Idaho, more particularly described as follows: Commencing at an aluminum cap monument marking the northeasterly comer of said SE k of the SE % from which a brass cap manumeat marking the southeasterly corner of said SE Y. of the SE '/. bears S 0° 18'56" W a distance of 1321.44 feet; Thence S 0°18'S6" W along ~e easterly boundary of said SE '/+ of the SE % a distance of 26.07 feet to the POINT OF BEGINNING; Thence continuing S 0°18'S6" W a distance of 170.05 feet to a point marking the extension of the boundary of CHERRY LANE VILLAGE NO. 3 SUBDIVISION as shown in Book S8 of Plats at Pages 5473 and 5474 in the office of the Recorder, Ada County, Idaho; Thence leaving said easterly boundary S 89°58'40" W along said subdivision boundary a distance of 255.90 feet to an angle point in said subdivision boundary; Thence N 0°18'56" E along said subdivision boundary and also the boundary of CHERRYLANE PILLAGE NO. S SUBDIVISION as shown in Book 69 of Plats at Page ?033 in said office of the Recorder a distance of 171.55 fed to an angle point in last said subdivision boundary; Thence S 89°41'04" E along last said subdivision boundary a distance of 255.90 fed to the POIlVT OF BEGINNING. This parcel contains 1.00 sexes. Pneparod by: Glenn K. Bennett, PLS Civil Survey Consultants, Incorporated November 17, 2010 REVI PpRQVAL ,~ 5R~11 ea ~C ©1 2t~! ~~ ~ Qv "- ~ ~ < e~~~ MERIDIAN pUBLIG WORKS DEPT. Exhibit C - 1 - ~~' ~ ~~ :° ~ ~ W ~ ~ o $~ ~! ~ g S y~ m b ~ ~~ \ Q'~` ,tt l~f•l /1~1 „9S8t~0 S V~VOI .7p/~ l~iL N w ~.. .to•9a ,SOOLI . ~'~' rr ~ o W a oz ~ v~ ~ w zzo o"~~ ~~ ~Z~ m o°, W a~o ~ ~~~ Uov z ~ ~ o W S ~O ~ ~ ~ A ~ 2 4 ~, ~~ ~~ rrAw~ 0 v' W 40 ~~ a ~~ ~~ h ~ y ~ ~ h ~~ ~~ Exhibit C - 2 - D. Required Findings from Unified Development Code 1. Annexation & Zoning Findings: Upon recommendation from the Commission, the Council shall make a full investigation and shall, at the public hearing, review the application. In order to grant an annexation and/or rezone, the Council shall make the following findings: a. The map amendment complies with the applicable provisions of the Comprehensive Plan; The Applicant is proposing to annex and zone the subject property from RUT in Ada County to R-4. Staff finds that the proposed map amendment is consistent with the MDR future land use designation for this site. Therefore, Staff finds the amendment is consistent with the applicable provisions of the Comprehensive Plan. b. The map amendment complies with the regulations outlined for the proposed district, specifically the purpose statement; Staff finds that the proposed map amendment to the R-4 district is consistent with the purpose statement of the residential district. c. The map amendment shall not be materially detrimental to the public health, safety, and welfare; Staff finds that the proposed zoning amendment will not be detrimental to the public health, safety, or welfare. d. The map amendment shall not result in an adverse impact upon the delivery of services by any political subdivision providing public services within the City including, but not limited to, school districts; and, Staff finds that the proposed zoning amendment will not result in any adverse impact upon the delivery of services by any political subdivision providing services to this site. e. The annexation is in the best of interest of the City (UDC 11-SB-3.E). Staff finds the annexation of this property is in the best interest of the City because it furthers the goals and objectives of the City's capital improvement plan. Exhibit D - 1 -